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LMIA

L

Loyal2016

Star Member
Mar 23, 2016
90
1
Hello guys
I am under LMIA program with a 2 year closed work permit.
I have worked for 11 months but due to some health issues i had to return to my country for 2 months.Now when I am back the company is not accepting me as an employee.
I still have 8 months remaining on my work permit.
I am a bit confused how to handle this matter as it jeopardise my chance to apply for PR.

Thanks for advice.
 
N

Naturgrl

VIP Member
Apr 5, 2020
40,149
8,273
Loyal2016 said:
Hello guys
I am under LMIA program with a 2 year closed work permit.
I have worked for 11 months but due to some health issues i had to return to my country for 2 months.Now when I am back the company is not accepting me as an employee.
I still have 8 months remaining on my work permit.
I am a bit confused how to handle this matter as it jeopardise my chance to apply for PR.

Thanks for advice.
Click to expand...
That is the company’s prerogative as they do not have to re-hire you if you took leave for 2 months. You can only work for the employer on your work permit. You need to find a new employer willing to go through the LMIA process and then apply for a new closed work permit.
 
Last edited:
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Impatient Dankaroo

Impatient Dankaroo

VIP Member
Jan 10, 2020
4,379
2,663
Loyal2016 said:
Hello guys
I am under LMIA program with a 2 year closed work permit.
I have worked for 11 months but due to some health issues i had to return to my country for 2 months.Now when I am back the company is not accepting me as an employee.
I still have 8 months remaining on my work permit.
I am a bit confused how to handle this matter as it jeopardise my chance to apply for PR.

Thanks for advice.
Click to expand...
Bro you can't just leave your company whenever you feel like it. What the hell were you thinking especially on closed work permit
 
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C

canuck78

VIP Member
Jun 18, 2017
53,019
12,782
Loyal2016 said:
Hello guys
I am under LMIA program with a 2 year closed work permit.
I have worked for 11 months but due to some health issues i had to return to my country for 2 months.Now when I am back the company is not accepting me as an employee.
I still have 8 months remaining on my work permit.
I am a bit confused how to handle this matter as it jeopardise my chance to apply for PR.

Thanks for advice.
Click to expand...
What exactly happened when you said you had medical issues and you had to return to your home country. Had you sought care in Canada? Had you spoken to your employer about going off on sick leave? Why did you need to return to your home country? If you were not on an approved medical leave then unfortunately you essentially quit your job. In order to work in Canada you will need to find another employer who is willing to go through the LMIA process and you will have to apply for a new WP. This could take many months with no guarantee of approval. A WP that last 2 years doesn’t guarantee that you will be employed for 2 years. For various reasons the employer may no longer need workers and could lay off staff. An employee can quit the job as well.
 
L

Loyal2016

Star Member
Mar 23, 2016
90
1
canuck78 said:
What exactly happened when you said you had medical issues and you had to return to your home country. Had you sought care in Canada? Had you spoken to your employer about going off on sick leave? Why did you need to return to your home country? If you were not on an approved medical leave then unfortunately you essentially quit your job. In order to work in Canada you will need to find another employer who is willing to go through the LMIA process and you will have to apply for a new WP. This could take many months with no guarantee of approval. A WP that last 2 years doesn’t guarantee that you will be employed for 2 years. For various reasons the employer may no longer need workers and could lay off staff. An employee can quit the job as well.
Click to expand...
I had Thyroid Cancer Surgery in Canada and eventually i needed time to recover.So going back home was unfortunately something i could not avoid.
 
N

Naturgrl

VIP Member
Apr 5, 2020
40,149
8,273
Loyal2016 said:
I had Thyroid Cancer Surgery in Canada and eventually i needed time to recover.So going back home was unfortunately something i could not avoid.
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So sorry. The employer doesn’t have to hire you back. So you need to find another employer with LMIA, and then apply for a closed work permit. You cannot work for any other employer at this time.
 
L

Loyal2016

Star Member
Mar 23, 2016
90
1
The unfortunate thing is i worked 11 months and 25 days.I just need the last cheque then i can apply my PR with my IELTS.

Regards
 
L

Loyal2016

Star Member
Mar 23, 2016
90
1
And also there were no correspondence that I will be terminated.Its only when i came back that i was notified.
 
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Naturgrl

VIP Member
Apr 5, 2020
40,149
8,273
Loyal2016 said:
And also there were no correspondence that I will be terminated.Its only when i came back that i was notified.
Click to expand...
Nothing wrong with that as you were not even in Canada. How did you leave it with the company? Do you have official letter from the company with approved leave? Did you get sickness pay while you were off.
 
L

Loyal2016

Star Member
Mar 23, 2016
90
1
Naturgrl said:
Nothing wrong with that as you were not even in Canada. How did you leave it with the company? Do you have official letter from the company with approved leave? Did you get sickness pay while you were off.
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I was told that it was fine to take the leaves verbally but nothing on paper.No sickness pay.
 
L

Loyal2016

Star Member
Mar 23, 2016
90
1
Naturgrl said:
So sorry. The employer doesn’t have to hire you back. So you need to find another employer with LMIA, and then apply for a closed work permit. You cannot work for any other employer at this time.
Click to expand...
Is there any financial support i can get from the govt while i find another employer?
 
N

Naturgrl

VIP Member
Apr 5, 2020
40,149
8,273
Loyal2016 said:
I was told that it was fine to take the leaves verbally but nothing on paper.No sickness pay.
Click to expand...
You would need to look at the Employee Standards Act for the province you are living in for approved leave and what your rights have to return to work. You may have a right to return so file a complaint with the labour board if you do. See if all rules were followed. Look at your rights to return and implications of you not staying in the country, if applicable. May want to hire a labour lawyer.
 
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